PI 34.103(3)(c) (c) The reasons why the applicant requests a hearing.

PI 34.103(3)(d) (d) The facts which the applicant intends to prove at the hearing.

PI 34.103(3)(e) (e) A description of the mistake the applicant believes was made, if the applicant claims that the denial of the license is based on a mistake of fact or law.

PI 34.103(4) (4) Service. The notice of denial under sub. (2) may be served by mailing a copy to the last known address of the applicant or by any other procedure under s. 801.14 (2), Stats. The request for a hearing under sub. (3) may be served by mailing a copy to the state superintendent at the address given on the notice of denial or by any other procedure under s. 801.14 (2), Stats. Service by mail is complete upon mailing.

PI 34.103 History History: CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (a) made under s. 35.17, Stats., Register May 2018 No. 751.

PI 34.104 PI 34.104 Request for reinstatement.

PI 34.104(1) (1) Request. An individual whose license has been revoked may submit to the state superintendent a written request for reinstatement of the license. The request shall include evidence that the individual meets all of the standards under sub. (2).

PI 34.104(2) (2) Standard for reinstatement. The state superintendent may grant a request under sub. (1) if the individual demonstrates by a preponderance of the evidence that all of the following apply:

PI 34.104(2)(a) (a) The cause of the revocation no longer exists.

PI 34.104(2)(b) (b) Reinstatement will not endanger the health, welfare, safety, or education of any pupil.

PI 34.104(2)(c) (c) If the license was revoked under s. 115.31 (2g), Stats., the individual meets the requirements of s. 115.31 (2r), Stats.

PI 34.104(3) (3) Decision. The state superintendent shall issue a written decision within 60 days of receiving a written request under sub. (1). If the state superintendent denies the request, the decision shall inform the individual of the legal and factual basis for denying the request, and that the individual may submit a written request for a hearing within 30 days following receipt of the decision. Receipt of the decision is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.

PI 34.104 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

PI 34.105 PI 34.105 Conduct of hearings. A hearing under this subchapter shall use the following procedures:

PI 34.105(1) (1) Type of proceeding.

PI 34.105(1)(a) (a) A license denial hearing shall be conducted as a class 1 proceeding under subch. III of ch. 227, Stats. The hearing shall be conducted within 60 days after the receipt of a request under s. PI 34.103 (3).

PI 34.105(1)(b) (b) A license revocation hearing shall be conducted as a class 2 proceeding under subch. III of ch. 227, Stats. The hearing shall be conducted within 90 days after receipt of a request under s. PI 34.102 (2).

PI 34.105(1)(c) (c) A license reinstatement hearing shall be conducted as a class 1 proceeding under subch. III of ch. 227, Stats.

PI 34.105(2) (2) Hearing examiner. The state superintendent shall appoint a hearing examiner to preside over a hearing conducted under this subchapter. The hearing examiner shall have the authority described under s. 227.46 (1), Stats.

PI 34.105(3) (3) Notice of hearing. The state superintendent shall provide the individual requesting a hearing under this subchapter with at least 20 days written notice of the hearing. The notice may be served by mailing a copy to the last known address of the individual. Service by mail is complete upon mailing.

PI 34.105(4) (4) Discovery. Except for an appeal of a denial under s. PI 34.103 or a request for reinstatement under s. PI 34.104, the state superintendent and the applicant or licensee may, prior to the date set for the hearing, conduct discovery as provided under ch. 804, Stats. The hearing examiner may do any of the following:

PI 34.105(4)(a) (a) Issue protective orders, including orders to terminate or limit examinations.

PI 34.105(4)(b) (b) Establish deadlines for completing discovery.

PI 34.105(4)(c) (c) Compel discovery.

PI 34.105(4)(d) (d) Require sanctions as provided under s. 804.12, Stats., or other remedies as appropriate for failure to comply with an order issued under this subsection.

PI 34.105(5) (5) Motions. All motions, except those made at a hearing, shall be in writing filed with the hearing examiner and a copy served on the opposing party not later than 10 days before the time specified for hearing the motion.

PI 34.105(6) (6) Witnesses and evidence. The state superintendent and the applicant or licensee shall have the right to do all of the following in a hearing:

PI 34.105(6)(a) (a) Appear in person or with counsel.

PI 34.105(6)(b) (b) Call, examine, and cross-examine witnesses.